Ordinance No. 423 - Superseded ORDINANCE NO. 423
AN ORDINANCE OF SOUTH TAHOE PUBLIC UTILITY DISTRICT
ESTABLISHING WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS
BE IT ENACTED, by the Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT, County of E1 Dorado, as follows:
SECTION I - FINDINGS
A. The South Tahoe Public Utility District has engaged in
a vigorous and ongoing program of conservation pursuant to the
policy of water conservation and prohibition of water waste
[California Constitution Article X, Section 2; California Water
Code Sections 375-377, 1009 and Appendix Sections 10015(13)].
Concurrently herewith the District Board is considering an
ordinance establishing water conservation standards.
B. Several years of below average precipitation have
depleted aquifers within the District water supply area.
C. Recent changes in the regulations of competent
governmental authorities have restricted the use of existing
sources of District water supply.
D. The District is pursuing new sources of water supply
and the supplementation of existing water supply sources.
E. The success of new water supplies and the impact of
drought conditions are not completely known at this time and it
is necessary in the interest of the public health, safety and
welfare to impose drought response standards which address
degrees of potential responses depending upon water
availability.
F. The specific measures set forth in Water Conservation
Stage 1 hereof are necessary and proper to conserve water
resources and minimize the cost to the District and expense to
its customers associated with unnecessary water use.
SECTION II - DEFINITIONS
For the purpose of this Ordinance, the terms used herein are
defined as follows:
A. The District - The South Tahoe Public District.
B. The Board - The Board of Directors of the South Tahoe
Public Utility District.
C. General Manager - The General Manager of the South
Tahoe Public Utility District.
D. Water Users - Any person, firm, partnership,
association, corporation, or political entity using water
obtained from the South Tahoe Public Utility District.
E. Waste - Any unreasonable or non-beneficial use of
water, or any unreasonable method or use of water, including,
but not limited to, the specific uses prohibited and restricted
by this Ordinance, or other District ordinances.
F. Water - Water supplied by the South Tahoe Public
Utility District.
G. New Construction - any structure which, on the
effective date hereof, either does not exist or is unoccupied
and does not have a certificate of occupancy from competent
governmental authorities.
SECTION III - WATER CONSERVATION STAGES
No Water User shall Waste water or make, cause, use or
permit the use of water from the District for any purpose in a
manner contrary to any provision of this Section, or in an
amount in excess of that use permitted by the conservation stage
in effect pursuant to this Ordinance. The State of water
conservation shall be determined by the General Manager except
that the Board shall determine any conservation stage more
restrictive than Stage 3.
ao
Stage 1 - Normal Conditions. During periods of adequate
water supply, customers are to practice water conservation
so that water is not Wasted.
Water Users shall not allow water to leave the property
by draining onto adjacent properties or impervious
surfaces.
Water Users shall repair all leaks in plumbing and
irrigation systems.
Private vehicle washing shall only be performed with
bucket and shut-off nozzle attached to hose.
Continuous discharge from hose nozzle prohibited.
EXCEPTION: Washing may be done at any time on the
immediate premises of a commercial car wash or
commercial service station. Further, such washings are
exempted from these regulations where the health,
safety and welfare of the public is contingent upon
frequent vehicle cleanings, such as garbage trucks and
vehicles which transport food and perishables.
-2-
Ail are encouraged to report all signs of leaks or
abusive misuse of water.
Be
The use of water to irrigate non-landscaped, natural
vegetation or undeveloped property is prohibited.
Staqe 2 - Minor Supply Shortage.
apply, and:
Stage 1 restrictions
Lawn and landscape irrigation permitted between 8:00
p.m. and 8:00 a.m. only, except for new lawns planted
within thirty (30) days of commencement of Stage 2;
provided, however, irrigation of lawns, gardens,
landscaped areas, trees, shrubs or other plants is
permitted at anytime if:
Ce
a hand-held hose is used, or
a hand-held, faucet filled bucket of five (5)
gallons or less is used, or
a Drip Irrigation System is used.
Water shall not be used to wash down sidewalks,
driveways, parking areas, tennis courts, patios or
other paved areas, except to alleviate immediate fire
or sanitation hazards.
Ail eating and drinking establishments shall serve
water to their customers only when specifically
requested by the customer.
Staqe 3 - Severe Supply Shortage.
restrictions apply, and:
Stages 1 and 2
Designated irrigation days shall be established which
require houses whose street address (NOT LOT NUMBERS)
ends with an even number to irrigate on even-numbered
days of the month; and require houses whose street
address ends with an odd number to irrigate on
odd-numbered days of the month. In months of more than
thirty (30) days, no irrigation shall be permitted on
the thirty-first (31st) day.
The filling of water to uncovered outdoor swimming
pools is prohibited.
The operation of any ornamental fountain or similar
decorative water structure is prohibited unless a
recycling system is used and a sign informing the
public of such recycling system is prominently
displayed.
Stage 4 - Critical Water Supply Shortaqe.
3 restrictions apply, and:
Stages 1, 2, and
Outdoor irrigation of all vegetation including lawns
and landscaping is limited to once per week.
-3-
EXCEPTION: The General Manager may permit more frequent
irrigation of public facilities pursuant to Section V
hereof·
No water shall be used for landscaping irrigation for
New Construction.
3. Use of water from fire hydrants shall be limited to
fire fighting and/or other activities immediately
° ° 'n ,
necessary to malntalnl g the health safety and welfare
of the community.
Staqe 5 - Water EmerqencY. Stages 1, 2, 3, and 4
restrictions apply, and:
1. The use of water for other than household and business
use is prohibited·
2. The use of water for dust or dirt control, earthwork
and road construction purposes is prohibited·
3. The use of water for mainline flushing of hydrants,
except for emergency purposes, is prohibited·
4. The use of water for air conditioning purposes, where
an alternate source of fresh air is available, is
prohibited.
SECTION IV - ENFORCEMENT
The District, its General Manager, and designated employees,
have the duty and are authorized to enforce all provisions of
this Ordinance. Each Water User is deemed to control the water
used at his or her premises and to be responsible therefor. The
imposition of costs in accordance with the terms hereof shall
not preclude recourse by the Water User against the person or
persons responsible for violation of this Ordinance.
A. First Violation. For a first violation, the District
shall issue a written warning to the Water User.
B. Second Violation. For a second violation, a surcharge
shall be imposed equal to twenty-five percent (25%) of the
immediately preceding Water User's bill at the premises where
the violation occurred.
C. Third Violation. For a third violation, a surcharge
shall be imposed equal to fifty percent (50%) of the immediately
preceding Water User's bill at the premises where the violation
occurred. In addition to the surcharge, the Board or the
General Manager may require installation of a flow-restricting
device on the Water User's service connection.
-4-
D. Fourth ViolatioR. For a fourth violation, the
surcharge pursuant to Section VII.C. hereof shall be imposed and
the District shall discontinue forthwith water service to the
Water User at the premises where the violation occurred.
Reconnection shall occur only when there is practical protection
against recurrence of violations such as a flow-restricting
device on the Water User's connection.
E. District Enforcement Costs. District shall be
reimbursed for its costs in enforcing the provisions of this
ordinance, including such costs as District incurs for District
staff to investigate and monitor the Water User's compliance
with the terms hereof. Charges for installation of
flow-restricting devices or for discontinuing or restoring water
service, as those charges are determined by the District, shall
be paid by the customer. Those charges shall include such costs
as District incurs for District staff to investigate and monitor
the Water User's compliance with the terms hereof.
SECTION V - ADMINISTRATION
A. General. The provisions hereof shall be administered
and enforced by the District through the General Manager, who
may delegate such enforcement to one or more designees. As used
in this Section VIII General Manager includes designees.
B. Utility Accounts. Accounts shall not be established
for new customers, including the transfer of accounts upon
change of ownership, until the customer complies with the
provisions of this ordinance. In pursuing the objectives
hereof the General Manager shall seek the cooperation of other
utility purveyors within the District's service area. To that
end, the District will request that other utility purveyors not
permit the establishment of new accounts until the customer
complies with the provisions of this ordinance.
C. Discretionary Exemptions - The General Manager may, in
the exercise of discretion, exempt facilities from the
provisions of this ordinance, or impose reasonable conditions in
lieu of compliance therewith, if the General Manager determines
that any of the following conditions exist:
1. Hardship. The requirements herein would cause an
unnecessary and undue hardship upon the Water
User, purchaser of the facility or the public.
2. Health a~d. Safety. Strict compliance with the
requirements of this ordinance would create an
emergency condition affecting the health,
protection or safety of the Water User or the
public.
-5-
3. No Impact on Water Use. The granting of the
exemption or imposition of reasonable conditions
in lieu of compliance with the requirements herein
would not increase the quantity of water consumed
by the facility or otherwise adversely affect
service to other existing water consumers.
In granting any such relief the departure from the terms of
this Ordinance shall be the minimum necessary to remedy the
circumstances necessitating such departure.
D. Appeals. Any Water User or applicant for water service
may appeal any decision hereunder to the Board by filing a
written appeal with the Clerk of the Board within 10 days from
the date of the decision or application appealed from. The
Board may, in its discretion, affirm, reverse, or modify the
General Manager's decision and impose such conditions as it
deems appropriate.
SECTION VI - SEVERABILITY
If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or any part
thereof, is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
Ordinance or any part thereof. The Board hereby declares that
it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid.
PASSED AND ADOPTED by the Board of Directors of the
South Tahoe Public Utility District at its duly held Adjourned Regular
Meeting on the 7th day of May, 1990, by the following vote:
AYES: Directors Mason, Onysko, Walker, Sinclair, Pierini
NOES: None
ABSENT: None
ROBERT MASON, CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MA/~ATh, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
-6-
AFFIDAVIT OF POSTING
State of California )
)ss
County of E1 Dorado )
and says:
Patrick Dolan
, being first duly sworn, deposes
That for and on behalf of the Clerk of Board of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of
Ordinance 423 in form attached
hereto and by reference made a part hereof, in four (4)
public places in the District as follows:
(1) City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
(2) A1 Tahoe iPost Office Station (Main Post Office)
South Lake Tahoe, CA
(3) Tahoe Valley Post Office Station ("Y" area)
South Lake Tahoe, CA
(4) Tahoe Paradise Post Office Station,_ %JS°' 'Lake Tahoe, CA
That sai~ posting was completed on the ~ day of
Subscribed and ~w~orn
to me this ~-~2
day of ~_~ ,
N y ublic-in a~ for the
State of California, County of
E1 Dorado.
My commission expires:
_~9Hs0~_.AwHa~eEr PUBLIC UTILITY DISTRICT
· · A PUBLIC AGENCY
P,O. Box 70542 · South Lake Tahoe, California 95705 · Phone (916) 544-6474
1275 Meadow Crest Drive
CHAIRMAN
ROBERT MASON
DIRECTORS
WALTER "NEAL" OLSON
JAMES R. JONES
NOEL B WALKER
NAT SINCLAIR
May 17, 1990
Tahoe Daily Tribune
P.O. Box 1358
So. Lake Tahoe, CA
95705
Attention: Legal Notice Department
Enclosed is Ordin~ance No. 423.
Please publish this Ordinance/these Ordinances in the Legal Notice
Section of your newspaper on the following date:
Monday, May 21, 1990
Also, please send me two copies of AFFIDAVIT OF PUBLICATION for
each Ordinance listed above.
Thank you.
Pat A. Mamath
Clerk of Board
Enclosure (s)
AFFIDAVIT OF PUBLICATION
SCDTH T/slq;DE PUBLIC UTILITY DISTRICT
P.O. Box 705#2
So Lake Tahoe, CA 95705
Affidavit of Publication of
Inv#3178
CRDI~ NO. t~23
STATE OF CALIFORNIA
County of El Dorado
t am a cihzen of the United States and a resident of the
County foresaid: I am over the age of eighteen years, and
not a part to or interested in the above entitled matter. I am
=- principal clerk of the printer of The Tahoe Daily Tribune -
~hoe Sierra Tribune a newspaper of general circulation,
printed and published daily in the City of South Lake Tahoe,
County of El Dorado, and which newspaper has been ad-
iudged a r. ewspaper of general circulation by the Superior
Court of the County of El Dorado, State of California, under
the date of March 6, 1970 Case Number 18569, that the
notice of which the annexed is a printed copy (set in type not
smaller than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
May 21, 1990
all in the year 19 90
I certify (or declare) under penalty that the foregoing is true
and correct
-ted at SCID'TH ~ TAI-IDE
"~olifornia, this 21S'tdate of May ~9 90
Signature
"SEE
T0256